Employment-Based Immigrant Visa Types

Employment-Based Immigrant Visa is for those who secure jobs in the U.S., with employers sponsoring their stay and work authorization.

Immigrants with work visas can work without an Employment Authorization Document (EAD), typically for non-immigrant visa holders like H-1B.

This visa is highly sought after due to its benefits, offering permanent residency in the U.S. However, the government caps the annual visa processing at 140,000, creating a high demand.

Types of Employment-Based Immigrant Visa and Requirements:

USCIS offers various kinds of Immigration visas and Employment-Based Immigrant Visas and is one of the types of Immigrations Visas.

Employment-Based Immigrant Visas further include various categories. Here are the types and the requirements to get these visas.

EB-1 Visa for First Priority Workers:

• Outstanding performances in various fields.
• Executives with three years experience at a foreign branch of a U.S. company.
  • Requirements:
    • Proof of evaluating others’ work.
    • Published articles in trade journals.
    • International or national awards.

EB-2 Visa for Second Priority Workers:

• Professionals with advanced degrees.
• Individuals excelling in art, science, or business.
  • Requirements:
    • Advanced educational degree.
    • 5 years of experience in the field.
    • Awards, diplomas, or certificates.

EB-3 Visa for Third Priority Workers:

• Skilled workers with two or more years of experience.
• Unskilled workers with less than two years of experience.
• Workers with higher degrees (EW-3 subcategory for unskilled workers).
  • Requirements:
    • Full-time job offer from a U.S. employer.
    • Qualification based on education and experience.
    • Employer must prove inability to find a U.S. worker.

EB-4 Visa for Fourth Priority Workers:

• Workers in religious organizations.
• Public or governmental sector employees.
• International organization employees.
  • Requirements:
    • Full-time job offer from a U.S. employer.
    • Qualification based on education and experience.
    • Employer must prove inability to find a U.S. worker.

EB-5 Visa for Fifth Priority Workers:

• Investors are willing to contribute between $500K and $1 million to the U.S. economy.
• Subcategories based on investment location and job creation.
  • Requirements:
    • Invest between $500K and $1M in a U.S. company.
    • Invest in a company established before November 29, 1990.
    • Increase company net worth or employees in 2 years.

Distribution of Visas

• EB-1, EB-2, and EB-3 each receive 28.6% of the 140,000 yearly employment visas.
• 10,000 visas each per year for EB-4 and EB-5.

Application Process for Employment-Based Immigrant Visa

Labor Certification: U.S. employers file Form ETA750 with the Department of Labor.

File the Petition: Employers file Form I-140 to USCIS (Form I-526 for EB-5 investors).

USCIS informs the employer and employee of the decision.

Form DS-260 or 261: Official visa application forms for immigrants.

Medical Examination and Vaccination: Follow a list of medical check-ups and vaccinations provided by the National Visa Center (NVC).

Compiling Supporting Documents: Passport, job offer, approved labor certification, approved petition, Form DS-260/261 confirmation, medical records, academic awards, and photographs.

Interview: Scheduled at the U.S. Embassy, questions about background and application.

Receive NVC Package and Travel to the U.S.: Do not open the package; the immigration officer will handle it upon arrival.

Fees for Employment-Based Immigrant Visa:

Employee:

• Form DS-260/261 processing fee: $230
• Medical examination fee
• Fees for supporting documents
• Translation fees

Employer:

• DOL Labor Certification fee
• USCIS Form I-140 petition filing fee: $700
• USCIS Form I-526 petition filing fee (for EB-5): $3,675

Immigrant Work Visa Processing Time:

• Varied, ranging from a few months to 3 years, depending on the category and the number of pending visas.

Conclusion:

Securing an employment-based immigrant visa in the USA is a rigorous journey, requiring careful adherence to specific requirements and a comprehensive understanding of the application process.

Prospective workers and employers must navigate the complexities with patience and diligence to obtain these coveted visas successfully. (Source: uscis.gov)